Informe provisional - Informe núm. 409, Marzo 2025

Caso núm. 3277 (Venezuela (República Bolivariana de)) - Fecha de presentación de la queja:: 10-JUN-16 - Activo

Allegations: The complainants denounce the killing of a trade union leader, acts of persecution, intimidation and harassment against trade unionists and trade union leaders, dismissals of trade union leaders at a steel enterprise in the public sector, and arbitrary detentions of trade union leaders and trade unionists

1. 401. The Committee last examined this case at its meeting of March 2023, when it presented an interim report to the Governing Body [see 401st Report, paras 698–727, approved by the Governing Body at its 347th Session (March 2023)]. 
2. 402. The Confederation of Workers of Venezuela (CTV) and the National Union of Workers of Venezuela (UNETE) submitted new allegations in a communication dated 16 March 2023. UNETE submitted additional allegations in a communication dated 4 October 2024.
3. 403. The Government provided its observations in communications dated 27 April 2023 and 9 January 2025.
4. 404. The Bolivarian Republic of Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 405. In its previous examination of the case at its meeting in March 2023, the Committee made the following recommendations [see 401st Report, para. 727]:
   • (a) The Committee observes that UNETE does not specify the allegations which it intends to submit in relation to the accompanying appendices, which include letters to various institutions and organizations (national and international, including the ILO), and so it invites this complainant to specify and provide details of its allegations relating to the aforementioned appendices so that the Committee can undertake the relevant examination.
   • (b) The Committee deeply deplores the killing of Mr Jiménez and urges the Government to take the necessary steps to ensure that the competent authorities: (i) give priority to the investigations under way and make every effort necessary to identify as quickly as possible the perpetrators and instigators of the killing of Mr Jiménez and ensure that the corresponding penalties are imposed on them; and (ii) take full account in the investigations of all relevant elements relating to the trade union activity of Mr Jiménez. The Committee requests the Government to provide information soon on progress made in this respect.
   • (c) The Committee invites UNETE to provide further details regarding the allegation of persecution and harassment of the above-mentioned trade union leaders so that this issue can be examined in full knowledge of the facts and, if this is not possible, to indicate whether there is any obstacle to providing this information; and it requests the Government to send further information regarding the procedure initiated with the Inspectorate of the Ministry of Labour against Ms Torres.
   • (d) The Committee observes that the Government has still not provided its response to the allegation of violent persecution and harassment of UNETE by four presumed officials of the DGCIM, one of them armed, with the intention of preventing a press conference (20 September 2022). The Committee requests the Government to provide its observations in this respect as soon as possible.
   • (e) The Committee urges the Government to provide detailed information on the situation of Mr Girot, and urges the Government to ensure that due process is respected in criminal proceedings against him, and to guarantee that he has not been detained in relation to his activities as a trade union leader. The Committee requests the Government to keep it informed of developments in the situation.
   • (f) The Committee requests the Government to ensure that proceedings within the Labour Inspectorate in relation to Mr Álvarez Aular are clarified as soon as possible and that the question is resolved regarding whether anti-union discrimination was committed by the enterprise in the dismissal of the aforementioned union leader and, if so, that appropriate penalties are imposed and compensation measures adopted, including reinstatement in his job. The Committee also requests the Government to provide information on the other proceedings initiated by Mr Aular vis-à-vis the DGCIM and the Labour Inspectorate in relation to other dismissals, so that the Committee can examine these elements in full knowledge of the facts.
   • (g) The Committee observes that it does not have further details regarding the anti-union nature of the alleged dismissals of Mr Farrera and 16 other workers at the public-sector steel enterprise, and so it invites the complainant to send more precise and detailed information in this regard, so that this issue can be examined in the light of all the relevant elements.
   • (h) The Committee requests the Government to provide its observations as soon as possible on all the allegations to which it has not yet responded.
   • (i) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

B. The complainants’ new allegations

1. 406. In a communication dated 16 March 2023, the CTV and UNETE refer to recommendation (f) of the Committee’s previous examination in relation to the dismissal of Mr Álvarez Aular and allege that: (i) during the second week of March 2023, an official from the Labour Inspectorate of Puerto Ordaz was looking for Mr Alejandro Álvarez Aular, National Coordinator for UNETE and General Secretary of the Union of Workers of the National Steel Enterprise (SIDERNAC), both in the vicinity of his residence and at his family’s home, presumably to notify him of the authorization of his dismissal which the public-sector steel enterprise where he was working had requested; and (ii) at the same time, the Labour Inspectorate prevented Mr Álvarez Aular, as well as others among his colleagues, from reviewing files relating to ongoing procedures for the authorization of dismissals, in violation of the constitutional guarantees of due process, effective legal and administrative protection, control of evidence and access to justice. The complainants allege that in March 2023, one year had passed since the national steel enterprise banned Mr Álvarez Aular from entering his workplace after he had worked there for almost three decades.
2. 407. In a communication dated 4 October 2024, UNETE provides information concerning recommendation (c) of the Committee’s previous examination, specifically in relation to Ms Norma Torres, Administration and Finance Secretary of the Union of Electricians and Allied Workers of Carabobo State (SIPRECEC). UNETE alleges that: (i) in 2013, Ms Torres was elected as a member of the SIPRECEC executive committee and was on permanent trade union leave until March 2015, when the leave became part-time and she again took up a post; (ii) thereafter, trade union leader Ms Torres began to experience work-related harassment, violence and anti union discrimination from the human resources managers of the public enterprise, as well as psychological pressure, of which she complained to the management of the enterprise, the Labour Inspectorate, the Office of the Public Prosecutor and the Office of the Ombudsperson; (iii) in September 2015, the General Secretary of SIPRECEC requested the union’s disciplinary tribunal to suspend Ms Torres from the position of Administrative and Financial Secretary for a period of 365 days from 22 September 2015 without giving her the opportunity to defend herself, for which reason the act of suspension is unlawful and invalid, and although Ms Torres requested the aforementioned tribunal to revoke the said act, she received no reply to the appeal that she filed (no additional details have been provided concerning either the tribunal in question or the procedures that led to the suspension); (iv) in April 2016, the enterprise initiated an application procedure for authorization of dismissal for unjustified absences from 1 December 2015 to 4 April 2016, but the fact is that, whether or not Ms Torres was at work, the enterprise stopped paying her salary, thereby failing to comply with its obligations arising from the employment relationship; (v) Ms Torres turned to all entities within the public enterprise and sought permission to take legal action during the period indicated above, including complaints to the Office of the Public Prosecutor, the Inspectorate and even the Office of the Comptroller of the Republic, and when they did not grant her union leave to make these complaints she asked to take pending holiday leave, which she was also denied; (vi) the enterprise dismissed trade union leader Ms Torres in November 2017 without having given her the opportunity to exercise her right to defence and without recognizing her trade union privileges, leaving her with no support and placing her life and that of her family at risk; and (vii) on 14 July 2017, she was notified of her dismissal and on 20 November 2017 she filed an appeal for annulment of the dismissal, which was declared admissible by the judiciary two days later; nevertheless, the case has come before five separate judges and, to date, the matter remains to be resolved.
3. 408. UNETE alleges that the enterprise used the case of trade union leader Ms Torres to demobilize workers, to silence her and to violate her rights, causing her irreparable harm. It also underscores that Ms Torres did not receive replies from the state bodies to which she turned.

C. The Government’s reply

1. 409. In its communication of 27 April 2023 and in relation to recommendation (b) (concerning the killing of Mr Ramón de Jesús Jiménez Araque), the Government indicates that: (i) an investigation by the Third Prosecutor’s Office of the Public Prosecutor’s Office in Barinas State, which is competent to deal with serious crimes and crimes against property, is under way (Case No. MP-178486-2015) into the killing of Mr Jiménez Araque, who held the post of President of the Revolutionary Trade Union of Construction Sector Workers in Barinas; and (ii) in the context of this investigation, various steps were taken to shed light on the facts and identify the parties allegedly involved; to date, no motive, as distinct from the fact that a serious crime against a person has been committed, has been established and the Government is therefore unable to infer that this regrettable killing is related to his status as a trade union leader. The Government expresses its commitment to keep the Committee informed of progress in this case.
2. 410. In relation to recommendation (c) (concerning the dismissal of Ms Torres), the Government indicates that: (i) on 4 April 2016, the management representative of the workplace where Ms Torres worked submitted a request to the César Pipo Arteaga Labour Inspectorate in Carabobo for authorization to dismiss Ms Norma Torres; and (ii) after having guaranteed due process and the right to defence, the Labour Inspectorate issued Administrative Decree No. 544, dated 7 August 2017 (File No. 080-2016-01-02070), declaring the grounds for the dismissal valid under section 79(f), (i) and (j) of the Basic Act concerning Labour and Men and Women Workers (LOTTT) and consequently authorizing the dismissal as justified, since Ms Torres did not refute the allegation made by the workplace concerning her unjustified absences from her post. The Government indicates that the justified dismissal of Ms Torres is not related to any persecution or trade union harassment but is merely due to failure to fulfil the obligations imposed by the employment relationship.
3. 411. With regard to recommendation (d) (concerning the allegation of violent persecution and harassment of UNETE by four presumed officials of the Directorate-General of Military Counter-Intelligence (DGCIM), to prevent a press conference from taking place (20 September 2022)), the Government indicates that it requested information from the competent authorities, which reported that no complaint had been received in this regard and that the truth of the allegation is therefore not known.
4. 412. With respect to recommendation (e) (concerning Mr Eudis Girot, Executive Director of the United Federation of Petroleum Workers of Venezuela (FUTPV)), the Government indicates that in a judgment handed down on 25 April 2022 by the Fifth Court of Enforcement, Mr Girot was acquitted of the crime of disclosure of confidential information, convicted of the crime of incitement to hatred (provided for and punishable under section 285 of the Criminal Code) and sentenced to serve three years’ imprisonment; however, the alternative non-custodial preventive measure was upheld and, accordingly, he is free.
5. 413. With regard to recommendation (f) (concerning proceedings within the Labour Inspectorate relating to Mr Álvarez Aular and the proceedings initiated by Mr Álvarez Aular vis-à-vis the DGCIM and the Labour Inspectorate in relation to other dismissals), the Government indicates that the proceedings initiated by Mr Alejandro Álvarez, National Coordinator of UNETE, and Mr Arjonio Farrera, Labour and Complaints Secretary of SIDERNAC, relating to alleged anti union practices, were declared admissible on 14 March 2022 and are currently in the substantiation phase within the competent Labour Inspectorate.
6. 414. In its communication dated 9 January 2025, the Government indicates that it confirms all information provided in its communication of 27 April 2023.

D. The Committee’s conclusions

1. 415. The Committee recalls that, in the present case, the complainants allege the killing of a trade union leader, acts of persecution, intimidation and harassment against trade unionists and trade union leaders, dismissals of trade union leaders at a public-sector steel enterprise and arbitrary detentions of trade union leaders and trade unionists. When it last examined the case, the Committee requested the complainants and the Government to provide more detailed information on a number of these allegations. The Committee will examine the allegations in the light of the information received.
2. 416. With regard to recommendation (a) of the previous examination of the case (the Committee invited UNETE to provide details of the allegations that it wished to make by sending a number of letters to various authorities, institutions and organizations so that it could undertake the relevant examination), the Committee notes that in the communications sent in 2023 and 2024, UNETE did not provide any information in this regard and that it will therefore not pursue its examination of this aspect of the case.
3. 417. With regard to recommendation (b) (concerning the killing in 2015 of Mr Ramón Jiménez, General Secretary of the Construction Union of Barinas State), the Committee notes that the Government: (i) indicates that an investigation by the Office of the Public Prosecutor is under way and that, although various measures have been taken to shed light on the facts and determine the parties allegedly involved, no motive, as distinct from the fact that a serious crime against a person has been committed, has been established to date and, consequently, that the Government is unable to infer that the regrettable killing is related to his status as a trade union leader; and (ii) expresses its commitment to keep the Committee informed of developments in this case.
4. 418. While the Committee notes this information, it notes with deep concern that no progress has been made in the investigation of the killing of Mr Jiménez, which occurred more than ten years ago. The Committee recalls that in its 2019 report, the Commission of Inquiry appointed under article 26 of the Constitution of the ILO to examine the observance by the Government of the Bolivarian Republic of Venezuela of Convention No. 87, among others, noted statements indicating that Mr Jiménez was killed after a union meeting at which two other union members were wounded. The Committee recalls once again that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 94]. In the light of the above, the Committee firmly urges the Government to take all necessary measures to ensure that the competent authorities: (i) make all necessary efforts, as a matter of urgency and priority, to expedite and conclude the investigation under way in order to make tangible progress, identify the instigators and the perpetrators of the killing of Mr Jiménez and impose the corresponding penalties on them; and (ii) take full account in the investigations of all relevant elements relating to the trade union activity of Mr Jiménez. The Committee requests the Government to keep it informed without delay of the progress made in this respect.
5. 419. In relation to recommendation (c) (concerning the alleged persecution and harassment against Mr Reynaldo Díaz and Ms Norma Torres and the procedure for the dismissal of Ms Torres), the Committee notes UNETE’s allegation that: (i) Ms Torres was on permanent trade union leave between 2013 and March 2015 and that from that time onward, she began part-time trade union leave and suffered workplace harassment, persecution and anti-union discrimination, which led her to file a number of complaints; (ii) at the request of the President of the trade union to which Ms Torres belonged, in September 2015 the trade union’s disciplinary tribunal suspended her from her trade union post for one year, a suspension that Ms Torres considers to be unlawful and invalid; (iii) in April 2016, the enterprise initiated a dismissal procedure alleging unjustified absences, despite the fact that Ms Torres had requested leaves of absence, which she was denied; and (iv) in late 2017, she filed an appeal for annulment of the dismissal, which, to date, has not been decided.
6. 420. The Committee notes the Government’s indication that the dismissal of Ms Torres is not related to any act of trade union harassment or persecution but rather to her unjustified absences from her post, which led to a procedure before the Labour Inspectorate in which due process and the right to defence were guaranteed.
7. 421. The Committee notes that according to the documents attached by UNETE, Ms Torres filed a large number of complaints, one of which, concerning anti-union practices, was unsuccessful because the documents were misplaced in the Labour Inspectorate. The Committee also notes that the appeal for annulment of the dismissal filed in 2017 has not yet been decided. The Committee regrets to note that a series of events that took place almost a decade ago and culminated in the dismissal of a former trade union leader remains unresolved. Recalling that justice delayed is justice denied [see Compilation, para. 170], the Committee expects that the legal proceeding under way since 2017 will be completed without further delay and requests the Government to provide a copy of the judgment handed down in this respect.
8. 422. With regard to recommendation (d) concerning the allegation of violent persecution and harassment of UNETE by DGCIM officials in September 2022, the Committee notes the Government’s indication that no complaint was made in this regard and that the truth of the allegation is therefore not known. Having received no additional information from UNETE, the Committee expects the Government to ensure that UNETE is able to exercise its legitimate rights in a climate free from violence, pressure or threats of any kind.
9. 423. As regards recommendation (e) concerning the allegations of arbitrary detention and irregular criminal prosecution of Mr Eudis Girot, Executive Director of the FUTPV, the Government indicates that by a judgment handed down in 2022, Mr Girot was convicted of the crime of incitement to hatred and sentenced to three years’ imprisonment, and that the alternative non-custodial preventive measure was upheld and he is currently free. While noting the information provided by the Government, the Committee recalls that the complainants alleged that his detention was related to his activities as a trade union leader (he led two national protests demanding that benefits established by a contract should be honoured). The Committee recalls that in another case examined recently relating to the Bolivarian Republic of Venezuela, it took note of allegations concerning trade union leaders who were engaged in trade union protests or demands and who were also accused and/or convicted of the crimes of incitement to hatred, terrorism and treason [see Case No. 3451, Report No. 408, October 2024]. Recalling that the criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate [see Compilation, para. 155], the Committee requests the Government to provide a copy of the judgment handed down in respect of Mr Girot. The Committee further reminds the Government, as it did in the context of the examination of Case No. 3451, that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73].
10. 424. With regard to recommendation (f) (concerning the dismissal of trade union leader Mr Álvarez Aular and the proceedings that he initiated vis-à-vis the DGCIM and the Labour Inspectorate in relation to other dismissals), the Committee notes that the information provided by the complainants and by the Government shows that both the proceedings within the Labour Inspectorate relating to the dismissal of Mr Álvarez Aular and the proceedings initiated by Mr Álvarez Aular vis-à-vis the Labour Inspectorate in relation to other dismissals remain pending. The Committee notes that, according to UNETE’s allegations, on 10 March 2023 one year had passed since the enterprise banned Mr Álvarez Aular from entering his workplace where he had worked for 28 years. Recalling that no person should be prejudiced in employment by reason of legitimate trade union activities and cases of anti union discrimination should be dealt with promptly and effectively by the competent institutions [see Compilation, para. 1077], the Committee reiterates its previous recommendations and requests the Government to keep it informed in this regard, providing copies of the rulings issued.
11. 425. Furthermore, with regard to recommendation (g), the Committee notes that it has not received precise and detailed information from the complainants on the anti-union nature of the alleged dismissals of Mr Farrera and 16 other workers at the public-sector steel enterprise. The Committee notes that, according to the Government, the proceedings initiated by Mr Farrera and other citizens are in the substantiation phase within the competent Labour Inspectorate. Recalling once again that cases of anti-union discrimination should be dealt with promptly and effectively by the competent institutions, the Committee requests the Government to keep it informed on the outcome of these proceedings, providing copies of the rulings issued.
12. 426. The Committee invites the Government to continue to avail itself of the Office’s technical assistance, in accordance with the decision of the Governing Body of November 2024 regarding the implementation by the Government of the Bolivarian Republic of Venezuela of the recommendations of the Commission of Inquiry established under article 26 of the ILO Constitution, especially through the assistance of the ILO Special Adviser on Social Dialogue.

The Committee’s recommendations

1. 427. In the light of the foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee firmly urges the Government to take all necessary measures to ensure that the competent authorities: (i) make all necessary efforts, as a matter of urgency and priority, to expedite and conclude the investigation under way in order to make tangible progress, identify the instigators and perpetrators of the killing of Mr Jiménez and impose the corresponding penalties on them; and (ii) take full account in the investigations of all relevant elements relating to the trade union activity of Mr Jiménez. The Committee requests the Government to keep it informed, without delay, of the progress made in this respect.
   • (b) The Committee expects that the proceedings relating to the annulment of the dismissal of Ms Torres, under way since 2017, will be completed without further delay and requests the Government to provide a copy of the judgment handed down in this respect.
   • (c) The Committee expects the Government to ensure that the National Union of Workers of Venezuela (UNETE) is able to exercise its legitimate rights in a climate free from violence pressures or threats of any kind.
   • (d) Recalling that the criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate, the Committee requests the Government to provide a copy of the judgment handed down in relation to Mr Girot.
   • (e) The Committee once again requests the Government to ensure that proceedings within the Labour Inspectorate in relation to the National Coordinator of UNETE and General Secretary of the Union of Workers of the National Steel Enterprise (SIDERNAC), Mr Álvarez Aular, are clarified as soon as possible and that the question of whether anti-union discrimination was committed by the enterprise in the dismissal of the aforementioned union leader is resolved and, if that is found to be the case, that appropriate penalties are imposed and compensation measures adopted, including his reinstatement in his job. It also requests the Government to provide information on the proceedings initiated by Mr Álvarez Aular vis-à-vis the Directorate-General of Military Counter-Intelligence (DGCIM) and the Labour Inspectorate in relation to other dismissals and further requests it to provide copies of the rulings issued in this respect.
   • (f) Recalling that cases of anti-union discrimination should be dealt with promptly and effectively by the competent institutions, the Committee requests the Government to keep it informed of the outcome of the proceedings relating to Mr Ferrara and 16 other workers at the public-sector steel enterprise, providing copies of the rulings issued in this respect.
   • (g) The Committee invites the Government to continue to avail itself of the Office’s technical assistance, in accordance with the decision of the Governing Body of November 2024 regarding the implementation by the Government of the Bolivarian Republic of Venezuela of the recommendations of the Commission of Inquiry established under article 26 of the ILO Constitution, especially through the assistance of the ILO Special Adviser on Social Dialogue.
   • (h) The Committee draws the attention of the Governing Body to the serious and urgent nature of this case.